Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-01-04
company hold by authority Of the Legisla-
tnre and whit by action Of the City Coun-

"cd. Whether any limit Of time Is
fixed for the termination OF those rights,
franchises, or right OF way, either by the
charter or by ordinance OF the City Coun-
cilf
"4th. Whether the Council can by ordi-
nance cause the removal OF so much OF the
said connection company's track as may
be within the corporate limits, and IL so,
wbenf
s5tb. What legislation by the Council
tin shape OF ordinance) will cause or COM
pei the removal OF the said track and end
all the rights Of way or other rights granted
by The City Councili"
I shall reply TO them In the order In
which they are asked:
lst. They bold their right Of way by the
acts of both the LEGISLATURE and the City
Council OF Richmond.
I'd. The rights OF the company derived
from the Legislature consist OF the charter
granted by an act OF that body. (See Acts
OF Assembly 1s65-'6e, pages 324, 325, and
326.)
Section OF that charter authorizes the
formation OF the company for the pur-
pose Of making railroad from some point
at or near the southern terminus OF the
Richmond, Fredericksburg, and Potomac
railroad, 50 as TO form connection by rail-
road between the said termini respect
ively."
In section 3 1t Is provided "that II,
within the period OF sixty days from the
organization of the company hereby incor-
porated, the Board OF Directors thereof
shall be unable TO agree With the Common
Council Of the city Of Richmond as to thr
proper location OF said connecting road
within said city, then the said company
shall have the right to construct the said
connecting road outside OF the corporate
limits OF said city"
need not quote more fully from the
charter, as the other provisions do not affect
the questions submitted.
The actual route OF the road was autho
rized by resolution OF the Council passed
April 30, 1866, and referred to in Record.
Book OF the Council No. 10, pages 4l6 and
All. Tire resolution Is IN these words:
Resolved, That the authority and right
be and are hereby given to X. b. Haxall,
Z. V. Daniel, Jr., Charles Ellis, G.. \.
Myers, and r. II. Wynne, and others, who
may be stockholders IN the Richmond,
Fredericksburg and Potomac and Rich
mond and Petersburg Railroad Connection
Company, incorporated by the act Of the
Legislature Of Yirginil, passed March 3,
1860, 10. construct a railroad through the
corporate limits OF this city by the route
and in accordance with the plans submitted
TO the Council with the memorial Of the
aboye.named persons, and by themselves,
their officers, and agents, or by the agency
OF connected railroads to transport
over tie said proposed connecting
railroad in cars drawn by locomotive en-
gines, passengers and freight in accordance
with their charter, with the laws OF Nir-
gina, and with the ordinances Of this city:
Provided, that the speed OF such trains
shall never exceed four miles per hour
within the corporate limits OF this city
and provided further, that at both ends OF
the tunnel on the proposed railroad there
shall be constantly kept guards, who shall
with signal flags and lamps, or such other
means as the city authorities may prescribe,
give notice and warning OF the passage Of
every train through the said tunnel. And
subject further To such future regulations
as may hereafter be adopted by the Council
for the protection OF persons and property
along the projected route.'
Sd. No limit Of time was 6Xed for the
termination Of the privileges granted either
by the charter or by the resolution OF the
Council.
4th. The Council has no power by ordi-
nance to cause the removal OF so much OF
the said cOmpany's track as may be within
tie corporate limits. The right OF way is
the property OF the company, granted by
the city, and cannot be recalled. Its right
OF way cannot at any time be taken from
the company as long as il is used for the
purposes for which 1t was granted.
ha has IA
pass at any time "such future regulations
as may be adopted by the Council for the
protection Of persons and property along
the projected route.' Under that power
the Council can Ordain chat after
a specified time the passenger aud
freight-cars used thereon shall not
be propelled by steam. The Council
can limit the rate OF speed and the times at
which the cars shall be moved. The Couu-
ell has power to pass many other ordinances
regulating the use Of the track. This power
is clearly established by the decision Of the
Supreme Court of this State i'm Richmond,
Fredericksburg, and Potomac Railroad
Company rs. City OF Richmond (2G Grattau).
and by that Of the supreme Court OF the
United States in the same case. (See Rail-
road Company rs. Richmond, 96 L. s., 5z7.)
think that the above answers are sufli.
ciently full to each Of the questions asked.
Very truly, ". MEREDITH,
December Is, 1886. City Attorney.
Mr.. Ammons moved that the opinion be
received and filed. Agreed to.
RESIGNATION OF MR. PEARCE.
The resignation OF Mr.. Pearce a. men,
ber Of the Council from Monroe Ward was
received and accepted.
The election OF successor was post.
poued until the next meeting OF the Coun'
ell.
ClTY.ATToRYEY's SALARY.
Mr.. Bryan offered an ordinance amend
ing the law 50 that the City Attorney shall
receive $500 per annIm. Referred to the
Committee on Finance.
COKE FOR THE LADIES' CITY MISSION.
Dir. Ferriter moved that 500 loads OF gas.
house coke be donated to the ladies Of the
City Mission. Agreed to.
INCREASE OF POLICE FORCE.
Mr.. Guy moved that committee OF con-
ference Of three from the Common COun-
ell and two from the Board Of Aldermen
be appointed, TO whom shall be referred the
subject OF an increase OF the police force
and the adoption of the police-telephone
and signal-teegraph system, with instruc
tons to report to either branch OF the
Council. Adopted.
Dir. Parater offered resolution request
ing the City Engineer TO inform the COun.
ell the cost OF raising Lester street from
Nicholson TO Ash streets to such grade a.
to prevent 1t from being damaged by
freshets; also, the cost OF raising the
wharyes from the city limits to the lock-
gates TO such a height as to prevent them
from being damaged by freshets. Referred
to the Finance Committee.
Adjourned few minutes past II O'Clock